Legal Advice
Can a periodic business tenant in occupation ofto premises Returning Workobtain ainlease theiroflandlord? thefrom midst the You are a commercial tenant running a business from premises and you now want your landlord to grant you a written lease for a fixed term.
COVID-19 Pandemic You may have been paying rent
lease, perhaps in order to grow
Aneil Balgobin Head of Employment
resolve the dispute which could be
a new lease, the tenant will be
Unfortunately, does not always • and indirectly, employees to The current Pandemic feels like aor sell your business, you willsuch not dialogue monthly or quarterly for some unsatisfactory to both parties ablebytorequiring obtain a new lease on work to butbefailing to or account rollercoaster, with multiple result agreed conclusion – in those of a court casereturn toterms be able to serve on in theanlandlord years, but your landlord has still waves the uncertaintly agreed if not for a–notice undersituations section 26 the not given a fixed term lease. couldtobe avoided and fast you changing circumstances agreed as determined by the anofEmployer needs weigh up by agreeing health conditions; Whatminute can you people do to force terms. upon leasesteps court. Accordingly the landlord one arethe being told1954 to Act requesting whethera itnew haslease. taken all reasonable • directly,cannot by failing to consult an The right to do this only applies landlord’s hand? simply impose with any terms One waytointhe which the landlord stay at home wherever possible, to then to ensure thewas safe return of staff tenants whose tenancy employee who suffers from a health it wishes and the court will look can regularise the position is to Rights under periodic encouraged toaeat out to save thegranted for a workplace fixed term and certain balance those steps against the under conditionatthat atofa the higher risk; theplaces impliedthem terms periodic serve a written notice tenancy economy, before coming full circle and onerepresentations exceeding year or for anymade by any dissenting staff. and/or tenancy when considering what section 25 of the 1954 Act term and thereafter from year It is likelybeing that you are a periodic people instructed to work from terminating the tenancy and terms should be inserted in the to year. tenant and if you haveItbeen Employers should be mindful thatwhether there or not the • by failing tolease. make reasonable home if they can. has in been difficult stating landlord new occupation of business premises thebetenant do? who have adjustments for anisemployee withtoa is willing to grant a new lease and may employees underlying to keep pace for individuals and So what should The landlord therefore likely paying rent for more than if so on what terms including rent disability – by way of example someone businesses alike. health issues or other medical concerns Negotiate with your be agreeable to grant a lease to 12 months, you will have become and length of lease. using public transport mayespecially feel it is safer a periodic tenant since landlord – either affecting themselves directly or a protected business tenant with An employer has a duty to provide its If the landlord opposes the grant to travel itatcannot less busy timesthe of the and increase rentday without the rights granted by the Landlord involving people living in the same household. A periodic protected tenant should staff with Act a safe and secure of a new lease, then it may only terminating the lease & Tenant 1954 Part 11. workplace,be in a strongThese thereforefirst want flexibility over theirunder working position to negotiate could be difficult conversations to refuse on certain grounds set out this is embedded within Health and Safety As such the landlord cannot the Act, they and the position willinto hours whenever have to travel a new lease with theespecially landlord when who such issues may have, in the statute, most commonly simply terminate your lease regulations. Accordingly, thebyminimisation remain uncertain. would be keen to regularise the the office. Likewise, if companies have on the grounds of not have been a problem refusal in the workplace giving onecontracting month’s notice. of the you risk of COVID-19 in the position. Without a lease, the car parking spaceslegal they may have to Taking advice persistent rent arrears, being able previously, but now take on a different landlord unilaterally It would need to serve with of this workplace is now at theyou forefront duty. cannot to a legal wideradvice groupfirst of to demonstrate an intention to make them It isavailable best to seek increase the rent, or regulate a statutory the is 1954 dimension due tothe the COVID-19 We have nonotice doubtunder that this not a simple occupy landscape the premises for its ownstaff as driving will generally beprinciple seen before in finalising terms in use of the premises or prevent Act giving you not less than 6 nor and can be particularly relevant it use or when an intention to redevelop. task and most employers have conducted as a saferwith wayyour to commute compared to landlord to ensure that the tenant from sharing more than 12 months’ notice and touches upon people’s commute into work. workplace risk assessments and taken huge the terms of the new lease are not The landlord must demonstrate occupation or assigning its using public transport. you will then have the right to the ability do these things if onerous and reflect the terms of strides protecting tenancy. It is These unlikelyare that the considerations that shouldtoform apply tointhe court forstaff. a new lease We and have no doubt that these difficult by producing plans your existing oral are tenancy. Where landlord couldpart easily sell workplace its on terms to be agreed or decided of the risk necessary assessment. However, wecourt. have also noted that thereinterest are in the property while specifications and the necessary considerations for any employer. Our there is a dispute with the landlord upon by the A blanket requirement for all employees planning permissions. This Employment can a protected periodic tenant employees who remain concerned about and landlord is taking steps to Lawthe Team at Anthony Gold Can you require the to return tofor work consideration it difficultoffor a landlord to in occupation an without make terminate the tenancy without returning to work, especially those whocontiuues can are well versed at navigating employment landlord to grant a new regain possession. indefinite period. some individual needs could be risky for an offering acceptable new lease work from home, for a variety of reasons. legislation and current regulations and lease? terms, it will be important to seek If the tenant With oral tenancy agreements if employer as it may lend itself to a risk is of a protectedguidance around Where possible, it is usually desirable for Covid-19. Couple with our legal advice as to your rights and business and the landlord If the time has come that you a dispute arises the court would inadvertently discriminating againsttenant employees an Employer to open a dialogue with such commercial approach, we will offer unique how to protect your position. does not have grounds to oppose need the certainty of a fixed term need to hear evidence and try to with disabilities, as defined by the Equality an employee to attempt to understand any support that will seek to ensure that your Act 2010. contact Such discrimination could arise by email concerns haveexpert and what steps canadvice, be business protected and looked after If youthey need legal please Alan Zeffertt on isaze@anthonygold.co.uk efficiently and effectively. taken to deal with this situation. in a number of ways:
or ask for him or a member of our Commercial Property Team, telephone 020 7940 4000.
Anthony Gold Solicitors specialise in many different areas of law Our solicitors are experts in their fields. We are negotiators and litigators,
committed to doing whatever is best for our clients.
T: 020 7940 4060
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